SB 1243 Defensive Display - effective 30Sep09

[AZSATT]

SB 1243 - Defensive Display of a Firearm, which takes effect Sept 30, 2009, is defined as:

a. Verbally articulating you are either armed with a firearm or can quickly access your firearm,

b. Exposing or displaying your firearm in such a way a 'reasonable person' would know you have the means to protect yourself against unlawful PHYSICAL or deadly physical force,

c. Placing your hand on your firearm while it's in your holster, pocket, purse, or other means of containment.

Defensive display IS JUSTIFIED when/to the extent a 'reasonable person' would perceive physical force is immediately necessary to protect against another's unlawful use or attempted use of PHYSICAL or deadly physical force.

A defensive display is not mandatory/required prior to using deadly force when justification to do so exists.

Defensive display is not justified if the CCW permit holder provokes/instigates the altercation, or if using a firearm in the commission of a serious &/or violent crime.

That's the framework for the new SB 1243 Defensive Display law - which in my opinion is far more significant than the SB 1113 - CCW in places serving alcohol. My question for AZ CCW Permit holders is: How will this new law change "your plan" if at all, and in what way(s)?

I'm already incorporating this upcoming change in the law into my CCW and CCW "+" courses, as I feel it's a huge benefit for the armed citizen. What are your thoughts?

 

[SFC Stu]

It might prevent a CCW holder from having to kill someone. Sometimes a show of force is all it takes.

 

[AZSATT]

SFC Stu, I agree - and I believe that was the intent behind this new pro-citizen law. Enabling the CCW Permit holder to 'got to his gun' well ahead of existing measured self-defense/justification standards, and thereby (hopefully) preventing either unlawful physical or deadly force against the good guy. No more waiting until you're getting trounced to determine if justification exists to go to deadly force.

What until 30 Sep 09 would be aggravated assault or 'threatening exhibition' of a firearm, will soon be lawful for the good guy.

My question is: how many think that a defensive display is a bad idea and why?

I understand there's an argument that 'advertising your gun' removes the element of surprise just as open carry would. I also understand there's an argument that if more than one BG is prepared to confront you, you could be setting yourself up to be jumped/killed for your gun.

Personally, I see this from the other perspective. My situational awareness won't change or diminish, nor will my responsibility. BUT - if the law permits me to go to my gun at the threat of physical or deadly physical force, in essence, the BG is tipping HIS hand.. and if I get my hand on my gun in my CC holster, I just removed the longest stretch of time taken to draw from concealment... so the old addage that that "good guys always start a gunfight in 2nd place" may be gone in these instances, which is not in the BG's favor.

I'll still be scanning, I'll still be moving tactically, and do anything/everything possible to always avoid being surrounded - but you're right. I think the intent of this new law is to enable the Permit holder to avoid/prevent/discourage any attack or would be attacker once they realize they're choosing the wrong mark.

Anyone see this differently? I really think this new AZ law is way more interesting and significant that CC'ing in a bar when you can't drink.

 

[doming83]

This new law makes pretty good sence to me. just showing that u can defend your self makes the criminal think twice.

 

[Ektarr]

My question is: how many think that a defensive display is a bad idea and why?

One Man's "defensive display" is another Man's "defensive preparatory maneuver". I'm a fan.